Posted Oct 24th 2008
DoggySpace.com is a doggy’s place, a community site for you and your canine companion. DoggySpace.com is owned and operated by Simpio Marketing, LLC. and its affiliates (collectively, "us", "we" or "the Company").
This Site is intended for users eighteen (18) years of age or older. By using the Site, you warrant and represent that you are 18 or older or that you have your parent or legal guardian’s permission to do use the site, and you agree to and agree to abide by the terms and conditions of this Agreement. Site Membership is void where prohibited.
In consideration of your access to and use of the Site, you agree to provide accurate and complete information about yourself in registering for the Site and submitting information to us; to maintain the security of your password; to promptly update your Registration Information and any other information you provide to us, in order to keep it accurate and complete; and to be fully responsible for all use of your account, whether such use is by you or someone else.
Children Between 13 and 18
The Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for DoggySpace.com or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on DoggySpace.com. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@DoggySpace.com.
User Content Provided to Us on the Site
By posting User Content, you authorize us to make copies. By posting User Content, you grant (and warrant that you have the right to grant), an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to us to use, copy, publicly perform, publicly display, edit, modify, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or promotion of the Site, and to grant and authorize sublicenses. As between us and our users, subject to the rights granted to us in these Terms, our users retain full ownership of their respective User Content and any intellectual property rights or other proprietary rights associated with such User Content.
In addition to the free community services offered at DoggySpace.com, we also provide, from time to time at our discretion, the opportunity for users to subscribe to enhance their accounts on DoggySpace.com. Such subscriptions will carry a small monthly fee, and the services provided will be as described on the Site at the time of the member’s subscription.
Payments for Enhanced Membership
Currently, DoggySpace offers two levels of enhanced membership. The first offers limited enhancement and is currently priced at $3.95 per month. The second offers full account enhancement and is priced at $7.95 per month. These monthly charges will be deducted from the credit card that you use at the time of signing up for enhanced services. We will bill you monthly, beginning at the time of signup and then again one month later, and so on, at the rate that you agreed upon when you signed up for the enhanced membership. You may cancel at anytime from within your account or by contacting firstname.lastname@example.org. If you are not satisfied with your enhanced membership, we will refund your first month's payment at anytime within the first 30 days of sign up.
From the monthly subscription fees collected from its members, the Company will pay a percentage to animal welfare charities, in an amount as described on the Site at the time of the member’s subscription. The Company’s charitable giving program is subject to periodic change without notice, with respect to the charitable organization selected and the percentage given.
Rights in Content, License
DoggySpace, DoggySpace.COM, “A doggy’s place” and other associated graphics, designs, icons, and names are trademarks of the Company. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Company’s trademarks and trade dress may not be copied, imitated, or used, in whole or in part, without prior written consent of the Company.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or Service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.
1. Notification of Alleged Copyright Infringement
If you believe that your copyrighted work is accessible on the Site or Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
a. Identification in sufficient detail of the copyrighted work(s) or intellectual property that you claim has been infringed so that we can locate the material, such as a direct page link to your own web site where the work can be found, or a U.S. copyright registration certificate number. If multiple works at a single web site are covered by your Notification, you may provide a representative list.
b. Identify the URL or other specific location on the DoggySpace.com website that contains the material that you claim infringes your copyright. You must provide us with sufficient information, such as, "The picture/text/other content at http://www.DoggySpace.com/accounts/ViewImage?IMID=XYZ infringes on my copyright."
c. Provide the physical signature on paper of the copyright owner or a person authorized to act on the owner's behalf.
d. State that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
e. State that the information contained in your Notice is accurate, and that you attest under penalty of perjury that you are the copyright owner or authorized to act for the copyright owner.
f. Include your name, mailing address, telephone number and email address.
You may submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax or mail:
DoggySpace.com Copyright Agent, Simpio Marketing, LLC., 815-A Brazos St. #374 Austin TX, 78701, to the attention of: DMCA Notices
You may be liable for damages, including court costs and attorneys fees, if you misrepresent that content on our website and/or service infringes copyrights.
Upon receiving a complete and sufficient notification, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We will inform the alleged infringer of the Counter Notification procedure below, by which they may respond and request that we restore the material.
2. Counter Notification
If you believe your copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
a. Identification of the material that has been removed or disabled and the location on the Site at which the material appeared before it was removed or disabled.
b. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
c. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement, or from that party's agent.
d. Your name, address and telephone number.
e. The statement "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified as allegedly infringing was alleged to be infringing and was removed or disabled only as a result of a mistake or misidentification of that content, or that the content identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
f. Your physical signature on the paper.
You may submit your Counter Notification by fax or mail:
DoggySpace.com Copyright Agent, Simpio Marketing, LLC., 815-A Brazos St. #374 Austin TX, 78701, to the attention of: DMCA Notices
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false response in such a manner is perjury.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, those who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service and the Site are for personal, non-commercial use only, except for programs offered by us on the Site. You represent, warrant and agree that no materials submitted by you or through your account will violate or infringe the rights of anyone else, including copyright, trademark, privacy, publicity or other rights. You also represent, warrant and agree that no materials submitted by you or through your account contain libelous, defamatory or otherwise unlawful material.
You agree that you will not:
collect email addresses or other information of other users to send unsolicited emails or other unsolicited communications; nor make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," or any other form of solicitation;
use automated programs to collect information from or otherwise interact with the Service or the Site;
use the Service or the Site in any manner that could damage, disable, overburden or impair the Site;
intimidate or harass anyone or make available any content that is in our opinion harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
make available any visual content other than that of you or your friends or family, or created by you or your friends or family;
falsely state or otherwise misrepresent your identity or your group affiliation or affiliation with any person, or falsely state your age;
register for multiple User accounts, register for a User account on behalf of someone else, or register for a User account on behalf of any group or entity;
make available any private information of any third party, including contact information, Social Security numbers, or credit card numbers;
seek or collect personal information from anyone under 18 or solicit passwords or personally identifying information from anyone for commercial or unlawful purposes;
make available any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs that would destroy or limit the use of any computer software or hardware or telecommunications equipment;
make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from that other person or entity, or without authorization from the Company;
make available content that, in our judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm, liability, or to any legal or law enforcement proceedings.
Third Party Websites and Content
The Site and our Service includes links to other web sites ("Third Party Sites") as well as various content or items belonging to or originating from third parties (the "Third Party Sites and Content"). Such Third Party Sites and Content are not investigated, monitored or checked by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or Content. Inclusion of, linking to or permitting the use or access to any Third Party Site or any Third Party Content does not imply approval or endorsement by us. If you decide to access the Third Party Sites or Content, you do so at your own risk and our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Sites or Content.
Content Pages, Community Pages
WE DO NOT SCREEN OR APPROVE PAGES OR CONTENT, AND SO WE CANNOT GUARANTEE THAT A PAGE WAS ACTUALLY CREATED BY AND/OR IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF THE PAGE, EVEN THOUGH CREATION OF A PAGE OTHER THAN BY AN INDIVIDUAL ON HIS OR HER OWN BEHALF IS PROHIBITED. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN RELATING TO ANY PAGE, INCLUDING HOW THE OWNER OF THE PAGE COLLECTS, HANDLES, USES AND / OR SHARES USERS’ INFORMATION. BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH ANY PAGE ON THE SITE.
Any pages you create by providing Content are profiles used for commercial, political, or charitable purposes.
If you choose to use a service on our site to tell someone about the Site, we will ask you for information needed to send the invitation, such as your friend's email address. We store this information to send this one-time invitation, and to track the success of our referral program. By using the Site, you are consenting to have your personal data transferred to and processed in the United States and elsewhere.
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users, and/or to remove related communications or postings from the Site.
Disclaimers. Limitations of Liability
The Company is not responsible or liable in any manner for any User Content or Third Party Content or advertising posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR THE SITE CONTENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT OR MATERIALS AND USE SOFTWARE TO DETECT AND DISINFECT VIRUSES. YOU ALSO UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF. YOU ARE ALSO BE SOLELY RESPONSIBLE FOR, AND HEREBY HOLD US HARMLESS FROM ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.
Governing Law; Venue and Jurisdiction
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Questions and Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, development, and dissemination of these Submissions for any purpose, commercial or otherwise, without your permission, and without acknowledgment or compensation to you.